VIVIDH KAMGAR SABHA Vs. KALYANI STEELS LIMITED

JUDGEMENT

(1.) This Appeal is against an order passed by the Industrial Court on 20th August, 1996.

(2.) Briefly stated the facts are as follows : The Appellants claim to be a Union representing the workmen of a Canteen run by the Respondents. The Appellant Union claimed that even though the Appellants are actually the employees of the Respondents, the Respondents are not treating them at par with other employees and have notionally engaged contractors to run the canteen. As the Respondents were not accepting the Appellants' claim to treat them as their employees the Appellant filed a Complaint under S. 28(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter called the MRTU and PULP Act) alleging that the Respondents had engaged in unfair labour practices under Item Nos. 1, 1(a), 1 (b), 4(a) of Schedule II and Items 3, 5, 6, 7, 9 and 10 of Schedule IV of the MRTU and PULP Act. This Complaint came to be dismissed by the impugned Order dated 20th August, 1996.

(3.) The Appellant Union has filed an SLP directly in this Court against this Order as the High Court of Bombay, in the case of Krantikari Suraksha Rakshak Sangathana vs. S.V. Naik reported in (1993) 1 Cur LR 1003, has already held that the Industrial Court cannot in a complaint under MRTU and PULP Act abolish contract labour and treat employees as direct employees of the company.